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Real Property
Landlord and Tenant
Breach of Habitability

Doe Tenants v. Roe Hotel Owners and Operators

Published: Nov. 1, 2008 | Result Date: Jul. 31, 2008 | Filing Date: Jan. 1, 1900 |

Settlement –  $750,000

Court

San Francisco Superior


Attorneys

Plaintiff

Christina A. Schreiber

J. Scott Weaver

Jay B. Koslofsky


Defendant

Kurt D. Bridgman
(Vogl Meredith Burke, LLP )

David H. Bremer

Steven L. Rodriguez

R. Randy Wertz


Facts

The plaintiffs represented a class of 225 tenants who had resided in the San Francisco residential hotel owned by defendants between Feb. 28, 2003 and July 31, 2008. The plaintiffs filed suit for breach of the covenant of habitability.

Contentions

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the hotel was inhabitable due to an inoperable elevator, defective roof, electrical deficiencies, infestation of rodents and roaches, to name a few of the unsanitary conditions.

DEFENDANTS' CONTENTIONS:
The defendants denied all claims.

Damages

The plaintiffs sought damages for rent abatement, discomfort, annoyance, statutory damages, and attorney fees and costs.

Result

The plaintiffs settled the suit for $750,000, which was prior to the determination of a motion to certify the class. The plaintiffs will divide the award based on the number of days each plaintiff was a resident of the hotel during the named period.


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